[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR161.409]



[Page 205-206]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 161_NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS

--Table of Contents

 

             Subpart E_Reevaluation of Stage 3 Restrictions

 

Sec. 161.409  Required analysis by reevaluation petitioner.



    (a) An aircraft operator that has petitioned the FAA to reevaluate a 

restriction shall assume the burden of analysis for the reevaluation.

    (b) The aircraft operator's analysis shall be made available for 

public review under the procedures in Sec. 161.407 and shall include 

the following:

    (1) A copy of the restriction or the language of the agreement as 

incorporated in a local ordinance, airport rule, lease, or other 

document;

    (2) The aircraft operator's status under the restriction (e.g., 

currently affected operator, potential new entrant) and an explanation 

of the aircraft operator's specific objection to the restriction;

    (3) The quantified change in the noise environment using methodology 

specified in this part;

    (4) Evidence of the relationship between this change and the 

likelihood that the restriction does not meet one or more of the 

conditions in Sec. 161.305; and

    (5) Sufficient data and analysis selected from Sec. 161.305, as 

applicable to the restriction at issue, to support the contention made 

in paragraph (b)(4) of this section. This is to include either an 

adequate environmental assessment of the impacts of discontinuing all or 

part of a restriction in accordance with



[[Page 206]]



the aircraft operator's petition, or adequate information supporting a 

categorical exclusion under FAA orders implementing the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321).

    (c) The amount of analysis may vary with the complexity of the 

restriction, the number and nature of the conditions in Sec. 161.305 

that are alleged to be unsupported, and the amount of previous analysis 

developed in support of the restriction. The aircraft operator may 

incorporate analysis previously developed in support of the restriction, 

including previous environmental documentation to the extent applicable. 

The applicant is responsible for providing substantial evidence, as 

described in Sec. 161.305, that one or more of the conditions are not 

supported.